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行政裁量的治理作为一个世界性的难题,在西方社会一直都被作为行政法的核心问题。但裁量权控制在我们国家理论界一直处于停滞不前的状态。从“行政裁量”的正本清源出发,理清裁量理论的学术脉络,从而提出行政裁量自我治理的思路,尤其强调“裁量基准”和“行政程序”在行政自我约束、自我治理中的作用。
The governance of administrative discretion as a worldwide problem has always been regarded as the core issue of administrative law in western society. However, discretionary control has been at a standstill in our country’s theoretical community. From the original source of “administrative discretion”, we should clear the academic context of discretionary theory and put forward the idea of self-governance of administrative discretion, with particular emphasis on the “discretionary benchmark” and “administrative procedure” in the administrative self-restraint, self-governance In the role.